A Guide To Amputation Claims
Read our guide to making amputation claims.
£85 million in compensation
A Guide To Amputation Claims
Read our guide to making amputation claims.
Suffering the loss of a limb or other body part can be a traumatic and life-altering experience. It could affect your quality of life and independence. It may reduce or even prevent you from working or participating in other activities. Whether caused by an accident or medical negligence, amputation claims could help you secure the compensation necessary to help your recovery, compensate for lost income and pay for medical care.
In this guide, you can find essential information on amputation claims. You can find information on when you could make a personal injury claim and on how a specialist solicitor could support you.
Key Takeaways
- You could make an amputation compensation claim if you can show another party caused your accident.
- Discover how compensation for your injuries as well as those for medical expenses may be calculated.
- In certain circumstances, claimants may receive interim payments before the end of the claims process.
- Find information on organisations that could help people cope following amputations and limb loss.
- One of our specialist amputation claims solicitors could help you to claim for life changing injuries.
Begin your claim for amputation compensation by:
- Calling today on 0151 375 9916.
- Get in contact with us by using our online form.
Can I Make An Amputation Claim?
To make an amputation claim you need to clearly show that the accident that caused the injury meets three basic criteria. These are that,
- You were owed a duty of care by another party. This party may be the occupier of a public space, a medical professional, your employer or a road user.
- This party breached their duty of care to you.
- You suffered a serious injury, such as the loss of a limb or other form of amputation.
You must also submit your claim within the personal injury claims time limit. We will discuss this later in our guide.
Can I Claim On Behalf Of Somebody Else?
It is possible to claim on behalf of another person in certain circumstances. Two prominent examples of when you could claim include claims for children or those lacking mental capacity. Such parties are unable to claim themselves due to age or mental capacity and require a litigation friend to help them to claim. Such cases may be more complex and may require specialist help.
Our team could help you to claim on behalf of another person. If you believe you have a valid case, please get in touch with our specialist amputation lawyers.
The Most Common Amputation Claims
Serious and life changing injuries may be caused by different types of accidents. The loss of a body part could leave you with life-long emotional and physical challenges, impacting your home life, your ability to work, hobbies and finances.
An essential part of knowing when you could claim is understanding the types of accident which could cause such injuries. Below we look at different scenarios in which you could be harmed and how another party could owe you a duty of care.
Amputation Claims At Work
Your employer has a duty of care to ensure your safety in the workplace. They must take reasonable steps, such as carrying out risk assessments, ensuring machinery is correctly maintained and providing employees with appropriate personal protective equipment. Employers must adhere to legislation such as the Health and Safety at Work etc. Act 1974.
An accident at work could lead to life changing injuries where:
- Machinery has not been properly maintained and safety guards are no longer in place. A worker could get their fingers or hands caught in the machinery, traumatically amputating several fingers.
- Heavy items are improperly stored on a high shelf. If not secured, the item could fall, crushing a worker’s foot. This may later lead to the partial amputation of the foot.
Amputations Caused By Medical Negligence
Medical professionals automatically have a duty of care towards patients under their care. To meet this duty, they must ensure that any care provided meets the minimum expected standard for that professional. For example, a surgeon should follow guidelines on good surgical practice as set by the Royal College of Surgeons of England.
Medical negligence may be said to have taken place where:
- Substandard care during a surgical procedure causes serious harm to a patient resulting in a limb being lost or so damaged that amputation is necessary.
- A patient is given the wrong medication. This medication error could impact blood supply, causing clots in a body part, leading to tissue death. A subsequent amputation may be necessary.
Loss Of Limb Injuries In Public Places
Individuals, entities and organisations responsible for managing public spaces (referred to as the occupier) have a duty of care under the Occupiers Liability Act 1957. To uphold this duty, they must take appropriate steps to ensure the space is reasonably safe for public use.
Public liability claims may be made in circumstances such as,
- A slip or fall on a wet floor in a restaurant. The restaurant may have known an entrance way had a wet floor but failed to place warning signs or clean the floor. A customer could walk over the floor, slip and land heavily on their arm, causing a crush injury and several fractures. As a result, part of the arm may need to be amputated.
- Malfunctioning powered entrance doors could close on a person’s foot, resulting in a crush injury. This may later require surgical amputation of part or all of the foot.
Amputation Claims After A Road Traffic Accident
Whilst using the road as a motorist, cyclist, pedestrian or in control of another vehicle, you are owed a duty of care by others using the road. Those using the roads must adhere to the Road Traffic Act 1988 and the Highway Code. They must act in a responsible way, avoiding creating hazards.
A road traffic accident could lead to the loss of a limb where:
- The driver of a heavy goods vehicle (HGV) fails to check their mirrors when changing lanes, striking a motorcyclist. The accident could crush their leg, resulting in the partial or full amputation of the limb.
- A distracted driver may fail to stop at a zebra crossing, striking a pedestrian, causing them multiple injuries. The pedestrian may need one or more body parts amputating as a result of being run over at high speed.
These are just some scenarios in which amputation claims may be made. Whether you suffered a spinal cord injury leading to the loss of a limb or were harmed by medical negligence, please contact our team. One of our personal injury solicitors could help you.
Established, Experienced, Dependable, Responsive and Committed
We strive to provide the highest level of service possible. Our sole aim is to get you the best result we can and one you’re satisfied with. Get in touch today to find out how we can help you.
How Much Compensation Can I Get For A Loss Of Limb Or Amputation?
It is important to understand the factors which could impact how much compensation you could get for the loss of a limb or other form of amputation. The amount awarded will be individual to your case and could be influenced by factors such as the type and severity of amputation and what financial losses this caused. Amputation compensation may also take the wider impact of the injury on your life into account.
Compensation in amputation claims may be divided into two types. These are general damages and special damages. The first takes your injury, pain and suffering into account. This part of your settlement is awarded automatically in successful cases. The second part covers financial losses such as lost income, medical expenses and the cost of adapting your accommodation.
When determining compensation for general damages, parties involved in a case may look at medical evidence and guidelines from the Judicial College (JCG). This is a document outlining compensation for different types of injury at different degrees of severity. To create our table, we have taken figures from the JCG and used them in rows 2-10. The top row is an illustrative example of compensation including special damages.
| Injury Or Harm Suffered | Severity | Compensation |
|---|---|---|
| Multiple forms of injury or harm. | Severe | Up to £1,000,000+ if awarded special damages. |
| Amputation of the arms | Loss of both arms – (A) | £293,850 to £366,100 |
| Amputation of the arms | Loss of one arm, above the elbow – (B) (i) | £133,810 to £159,770 |
| Leg injuries – amputations | Loss of both legs – (A) (i) | £293,850 to £344,150 |
| Leg injuries – amputations | Above the knee amputation of one leg | £127,930 to £167,760 |
| Foot injuries | Amputation of both feet – (A) | £206,730 to £245,900 |
| Foot injuries | Amputation of one foot – (B) | £102,470 to £133,810 |
| Hand injuries | Loss of both hands – (A) | £171,680 to £245,900 |
| Hand injuries | Loss of one hand – (C) | £117,360 to £133,810 |
| Hand injuries | Amputation of little finger – (M) | £10,550 to £14,940 |
What Can My Compensation Help With?
Losing a limb could have a devastating impact across your life. You may be unable to work and have to pay for medical treatment as well as domestic care. Special damages are designed to take account of these and other costs.
Successful amputation claims will not automatically be awarded special damages. In order to claim for any expenses you must provide evidence showing how they are related to your injury and proof of the expense or loss.
Limb loss claims could compensate you for:
- Loss of income and earnings. Payslips may be used to demonstrate such losses.
- Medical expenses, such as for long-term prescription medication. Receipts may be used to show such costs.
- The cost of prosthetic limbs or mobility aids. You can submit invoices or receipts for the cost of such items.
- Adaptations to your home or vehicle. Invoices may be used to prove these costs.
- Domestic care costs, such as for help in the home. Invoices for domestic care may be submitted with your claim.
If you have sustained life changing injuries, such as a traumatic amputation you could be left facing immediate and serious financial pressure. If the defendant has admitted their liability, you may be awarded an interim payment. This is a portion of your compensation paid in advance of the main settlement to help you meet immediate and necessary expenses.
Contact us to find out how our team could help with your amputation compensation claim.
My Amputation Has Left Me Unable To Work, What Can I Do?
Your amputation injury may have left you unable to work during your immediate treatment and recovery. It may also have necessitated changing job roles, careers or even being unable to return to work in any capacity. As a result you may find that your income is severely impacted, at a time where you may be facing medical bills and other financial losses.
If your claim has a high degree of success, such as where the defendant has already accepted their liability, or where a court has been shown that the defendant is liable, you may be able to claim an interim payment. Interim payments may be used to help pay for immediate medical costs, care in the home and other expenses related to your injury.
Any funds awarded as an interim payment will be deducted from your final compensation settlement. One of our specialist personal injury lawyers could help secure an interim payment if it can be shown that you urgently need said funds and if the case meets certain criteria.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
How Do I Make An Amputation Compensation Claim?
The first step in making an amputation compensation claim is to collect a strong body of evidence. This should prove that another party acted in a way which caused your injuries. Evidence which may be essential in helping you to make a compensation claim could include:
- A copy of your medical records showing the limb loss or amputation.
- Photographs of visible injuries and of the scene of the accident.
- Video of the accident taking place, such as footage from traffic cameras showing a car accident take place.
- Details of anyone who saw the accident take place.
- Copies of reports, such as police reports on road accidents or those relevant to accidents at work or in public places.
It is also crucial that you begin your claim within the legal time limit. In most instances, amputation claims must be brought within three years of the date of the injury. However, there are exceptions to this.
Cases involving those lacking mental capacity or children may have different limitation periods. Where a child was injured, the time limit won’t begin until they turn eighteen. Where the person harmed lacks the mental capacity to claim, there is no such time limit. However, should they recover this capacity, then a time limit of three years from that date would apply.
You may apply to be a litigation friend and claim on behalf of a child or other person unable to claim.
By consulting with specialist amputation lawyers, you can learn more about making a compensation claim, understand the claims process and find out what to do if your claim does go to court.
What Organisations Can Support Me After An Amputation Or Loss Of Limb?
There are charities, organisations and support services dedicated to providing guidance, resources and support if you have experienced amputation injuries or limb loss. These include:
- NHS amputation services. The NHS provides a range of support services to those dealing with the loss of a limb. This includes rehabilitation, psychological care and prosthetics.
- The Limbless Association. This organisation offers advice, support and resources to amputees, helping them to live more independent lives.
- Amputation Foundation. The foundation provides practical support, such as workshops, to amputees. They have also created a community where amputees can get help adapting to life after losing a limb.
- Finding Your Feet. In Scotland, this organisation focuses on empowering amputees through social events, emotional support and physical activities.
- Blesma. Provides support to military veterans and their families dealing with the impact of losing a limb. This includes emotional and financial support.
These and other organisations could help you to navigate the difficulties and challenges which could be caused by the loss of a limb. They could provide practical, financial and even emotional support.
Get help and support to make a successful amputation compensation claim by contacting our team.
Can Conditional Fee Agreements Be Used For Amputation Claims?
Conditional Fee Agreements (CFA), often also referred to as No Win No Fee agreements can be used to make an amputation compensation claim. Under a CFA, you do not have to pay any solicitor’s fees in advance. You also only pay if your claim is successful. This means that if your claim doesn’t succeed, you do not have any solicitor’s fees to pay. If you win your claim you will pay a success fee, calculated as a percentage of your compensation. There is a limit in law on this percentage.
By claiming with a No Win No Fee solicitor, you could have legal representation without high upfront costs.
What Can I Do If I’m Unhappy With My Current Lawyer?
If your case is not progressing as you feel it should or your current solicitor is not communicating with you about your case, you may be left dissatisfied and frustrated. However, you may be able to seek a second opinion from one of our specialist amputation solicitors. They could help review your case and advise on steps you could take. If you choose to change to one of our specialist lawyers, they could even help manage the transition of your case and ensure you receive the professional help and support you need.
Contact Us
Whether you want to know more about how amputation claims work, or are ready to take the next step and start your claim, reach out to our team for expert help and guidance.
Visit our contact us page and complete our form or call now on 0151 375 9916.
More Information
Explore the links below for further useful resources and guidance on personal injury claims. You can find our related guides and trusted organisations listed below.
- Limb compensation claims could be made for a hand injury or other type of harm. Learn more about hand injury claims in this guide.
- Find out if you could claim for a foot injury at work in this guide.
- Find out how our injury team could help you claim for a faulty machinery accident at work in this guide.
External resources.
- Read more about care following an amputation in this guide from the NHS.
- You may be able to claim Statutory Sick Pay if unable to work. Learn more here.
- You can find home care agencies in this guide from the Care Quality Commission.
Thank you for exploring our guide to amputation claims. We hope we have provided you with information on both when you could make an amputation claim and how to do so successfully. Get in contact with a member of our team today to start your claim.
Our Latest Customer Reviews
AS SEEN ON
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
Request a Callback
